1. 1 DoJ&CDDoJ&CD PRESENTATION BY THE DIRECTOR-GENERAL TO THE PORTFOLIO COMMITTEE – 01 January 2006

2. 2 Access to Justice for AllAccess to Justice for All Organisational EfficiencyOrganisational Efficiency Transforming JusticeTransforming Justice Access to Justice for AllAccess to Justice for All Organisational EfficiencyOrganisational Efficiency Transforming JusticeTransforming Justice Presentation will focus on each of the 3 Key Strategic Objectives of the Dept:

3. 3 Small Claims Courts Vulnerable Groups Masters’ Office New Courts to be opened Small Claims Courts Vulnerable Groups Masters’ Office New Courts to be opened

4. 4 Access to Justice Small claims courts ensure access to justice for the indigent and the poor ensure access to justice for the indigent and the poor increase of jurisdiction from R3,000.00 to R7, 000.00 led to up to 40% increase in the number of cases reported increase of jurisdiction from R3,000.00 to R7, 000.00 led to up to 40% increase in the number of cases reported Consultations with Law Societies and universities are on-going to encourage more practitioners and academics to become CommissionersConsultations with Law Societies and universities are on-going to encourage more practitioners and academics to become Commissioners We have 154 courts, additional 35 planned for 2006/7We have 154 courts, additional 35 planned for 2006/7 Existing courts incorporates 219 of 366 districts, discussion underway to establish circuit courts to cover the rest of the districtsExisting courts incorporates 219 of 366 districts, discussion underway to establish circuit courts to cover the rest of the districts

5. 5 Access to Justice Capital works New courts: Opening of the following new courts planned to enhance access to justice for the rural, urban & the poor - Randburg - March 2006Randburg - March 2006 Sekgosese – May 06Sekgosese – May 06 Madadeni – August 2006Madadeni – August 2006 Daveyton – September 2006Daveyton – September 2006 Motherwell – November 06Motherwell – November 06 Tsakane – October 06Tsakane – October 06 Major additions to existing courts Ceres – July 06Ceres – July 06 Benoni - August 06Benoni - August 06

6. 6 Access to Justice Vulnerable Group Implementation of “Operation Isondlo” to improve maintenance systemImplementation of “Operation Isondlo” to improve maintenance system Audit of top 25 courts reveals the following courts with highest files:Audit of top 25 courts reveals the following courts with highest files: - 15 Market street = 83 642 - Phillipi = 50 353 - Mitchellsplein = 30 000 - Port Elizabeth = 30 000 - Odi = 23 781 - Bloemfontein = 19 834 - Pretoria = 19 750 -Durban = 17 227 A mere 188 officials work on the more than 389 files – indicating huge capacity needs needs

7. 7 Access to Justice Family Advocate During 2005 Unit dealt with 11 842 enquiries and reached 9, 682 settlement agreements in respect of cases involving children During 2005 Unit dealt with 11 842 enquiries and reached 9, 682 settlement agreements in respect of cases involving children Has a backlog of 1841 on Jan 06 Has a backlog of 1841 on Jan 06 Operate on a staff establishment of an average of 4 Family Advocate per province (only 33 Family Advocates country-wide) instead of an ideal 12 per provinceOperate on a staff establishment of an average of 4 Family Advocate per province (only 33 Family Advocates country-wide) instead of an ideal 12 per province Only 38 Family Counsellors while minimum of 90 is requiredOnly 38 Family Counsellors while minimum of 90 is required

8. 8 Access to Justice Masters 50 087 files for deceased estates less than R50 000; 61 274 files for R125, 000 & 33 974 files for estates above R125 50 087 files for deceased estates less than R50 000; 61 274 files for R125, 000 & 33 974 files for estates above R125 workload increased from 82 804 in 04 to 145 335 in 05 (by more than 83%) following Moseneke & Bhe judgments workload increased from 82 804 in 04 to 145 335 in 05 (by more than 83%) following Moseneke & Bhe judgments Urgent need for increased capacity - only 482 officials working of the 145 files Urgent need for increased capacity - only 482 officials working of the 145 files HIV led to substantial increase of the number of orphaned children dependent on the Guardian FundHIV led to substantial increase of the number of orphaned children dependent on the Guardian Fund

9. 9 Restructuring & alignment of the DeptRestructuring & alignment of the Dept ModernisationModernisation Organisational CapacityOrganisational Capacity Restructuring & alignment of the DeptRestructuring & alignment of the Dept ModernisationModernisation Organisational CapacityOrganisational Capacity

10. 10 Department’s branches reconfigured in line with strategyDepartment’s branches reconfigured in line with strategy Corporate Services strengthened under COO to deliver quality service to support functions & affected DDG’s redeployed to core programmes in the office of Chief Master & Justice CollegeCorporate Services strengthened under COO to deliver quality service to support functions & affected DDG’s redeployed to core programmes in the office of Chief Master & Justice College Department’s branches reconfigured in line with strategyDepartment’s branches reconfigured in line with strategy Corporate Services strengthened under COO to deliver quality service to support functions & affected DDG’s redeployed to core programmes in the office of Chief Master & Justice CollegeCorporate Services strengthened under COO to deliver quality service to support functions & affected DDG’s redeployed to core programmes in the office of Chief Master & Justice College Restructuring & alignment

11. 11 Chief Litigation Officer’s post established to enhance capacity in handling litigation against the StateChief Litigation Officer’s post established to enhance capacity in handling litigation against the State Regional Offices strengthened to coordinate justice functions at provincial levelRegional Offices strengthened to coordinate justice functions at provincial level Re Aga Boswa being rolled out to create management and administrative capacity at the courts to allow judicial officers to concentrate on judicial functionsRe Aga Boswa being rolled out to create management and administrative capacity at the courts to allow judicial officers to concentrate on judicial functions Chief Litigation Officer’s post established to enhance capacity in handling litigation against the StateChief Litigation Officer’s post established to enhance capacity in handling litigation against the State Regional Offices strengthened to coordinate justice functions at provincial levelRegional Offices strengthened to coordinate justice functions at provincial level Re Aga Boswa being rolled out to create management and administrative capacity at the courts to allow judicial officers to concentrate on judicial functionsRe Aga Boswa being rolled out to create management and administrative capacity at the courts to allow judicial officers to concentrate on judicial functions

12. 12 Total Courts in connected: 221Total Courts in connected: 221 Total Courts not Connected: 342Total Courts not Connected: 342 Total Courts in South Africa: 563Total Courts in South Africa: 563 Total Courts in connected: 221Total Courts in connected: 221 Total Courts not Connected: 342Total Courts not Connected: 342 Total Courts in South Africa: 563Total Courts in South Africa: 563 ModernisationModernisation

13. 13 Overall Courts not connected: 342Overall Courts not connected: 342 Courts Secured: 78Courts Secured: 78 Courts Unsecured: 264Courts Unsecured: 264 Court Connectivity (continued)

14. 14 Total Courts: 230Total Courts: 230 Secured Courts: 58Secured Courts: 58 Unsecured Courts: 172Unsecured Courts: 172 Total Courts: 230Total Courts: 230 Secured Courts: 58Secured Courts: 58 Unsecured Courts: 172Unsecured Courts: 172 No Connectivity in Courts that have 10 users or less

15. 15 No Connectivity in Courts that have 11 or more users Total Courts: 112Total Courts: 112 Secured Courts: 20Secured Courts: 20 Unsecured Courts: 92Unsecured Courts: 92 Total Courts: 112Total Courts: 112 Secured Courts: 20Secured Courts: 20 Unsecured Courts: 92Unsecured Courts: 92

16. 16 Organisational Capacity Total permanent posts created at the courts during October – December 2005: 733Total permanent posts created at the courts during October – December 2005: 733 -Clerks: 427 -Maintenance Officers: 226 -Maintenance Investigators: 75 (total stand at 156) Total permanent posts created at the courts during October – December 2005: 733Total permanent posts created at the courts during October – December 2005: 733 -Clerks: 427 -Maintenance Officers: 226 -Maintenance Investigators: 75 (total stand at 156)

17. 17 Capacity (continued) New Positions Created Masters Office: 100Masters Office: 100 Maintenance Courts: 100Maintenance Courts: 100 State Attorneys: 45State Attorneys: 45 Masters Office: 100Masters Office: 100 Maintenance Courts: 100Maintenance Courts: 100 State Attorneys: 45State Attorneys: 45 Internship/ Learnership

18. 18 Judicial capacity to increase courts’ productivity 40 positions of magistrates crated at courts with greatest need to enhance capacity40 positions of magistrates crated at courts with greatest need to enhance capacity 15 of the 40 positions created in the regional courts to streamline specialised sexual offences courts into the main courts15 of the 40 positions created in the regional courts to streamline specialised sexual offences courts into the main courts Additional funds allocated to create 38 judicial positions on 2006/7 financial yearAdditional funds allocated to create 38 judicial positions on 2006/7 financial year 40 positions of magistrates crated at courts with greatest need to enhance capacity40 positions of magistrates crated at courts with greatest need to enhance capacity 15 of the 40 positions created in the regional courts to streamline specialised sexual offences courts into the main courts15 of the 40 positions created in the regional courts to streamline specialised sexual offences courts into the main courts Additional funds allocated to create 38 judicial positions on 2006/7 financial yearAdditional funds allocated to create 38 judicial positions on 2006/7 financial year

19. 19 71 Area Court Managers Positions (Dep Director level) created of which 23 are filled and 58 will be filled before 31 March 0671 Area Court Managers Positions (Dep Director level) created of which 23 are filled and 58 will be filled before 31 March 06 217 Court Managers (Asst Dir level) created at the district courts being filled. Other 166 to be created in 2006/7 financial year217 Court Managers (Asst Dir level) created at the district courts being filled. Other 166 to be created in 2006/7 financial year 61 The role of Registrar’s positions have been redefined at High Courts and Clerk of the Courts at magistrates courts and to be occupied by legally qualified officials for performance of quasi-judicial functions and case flow management functions61 The role of Registrar’s positions have been redefined at High Courts and Clerk of the Courts at magistrates courts and to be occupied by legally qualified officials for performance of quasi-judicial functions and case flow management functions Casual stenographers system being replaced by permanent officials to perform administrative support functionsCasual stenographers system being replaced by permanent officials to perform administrative support functions 71 Area Court Managers Positions (Dep Director level) created of which 23 are filled and 58 will be filled before 31 March 0671 Area Court Managers Positions (Dep Director level) created of which 23 are filled and 58 will be filled before 31 March 06 217 Court Managers (Asst Dir level) created at the district courts being filled. Other 166 to be created in 2006/7 financial year217 Court Managers (Asst Dir level) created at the district courts being filled. Other 166 to be created in 2006/7 financial year 61 The role of Registrar’s positions have been redefined at High Courts and Clerk of the Courts at magistrates courts and to be occupied by legally qualified officials for performance of quasi-judicial functions and case flow management functions61 The role of Registrar’s positions have been redefined at High Courts and Clerk of the Courts at magistrates courts and to be occupied by legally qualified officials for performance of quasi-judicial functions and case flow management functions Casual stenographers system being replaced by permanent officials to perform administrative support functionsCasual stenographers system being replaced by permanent officials to perform administrative support functions Court & case management

20. 20 Review of the Criminal Justice System – to enhance efficiency Plan of Action developed in line with terms of reference as approved by Cabinet Plan of Action developed in line with terms of reference as approved by Cabinet Plan to be discussed at JCPS DG cluster on 7 Feb Plan to be discussed at JCPS DG cluster on 7 Feb Cluster Depts to deploy nominees to the review process by 31 Jan 06 Cluster Depts to deploy nominees to the review process by 31 Jan 06 Review to commence March 06, and first progress report to Cabinet due July 06Review to commence March 06, and first progress report to Cabinet due July 06 Plan of Action developed in line with terms of reference as approved by Cabinet Plan of Action developed in line with terms of reference as approved by Cabinet Plan to be discussed at JCPS DG cluster on 7 Feb Plan to be discussed at JCPS DG cluster on 7 Feb Cluster Depts to deploy nominees to the review process by 31 Jan 06 Cluster Depts to deploy nominees to the review process by 31 Jan 06 Review to commence March 06, and first progress report to Cabinet due July 06Review to commence March 06, and first progress report to Cabinet due July 06

21. 21 Bills of the judiciaryBills of the judiciary Judicial capacityJudicial capacity Judicial education & restructuring of Justice CollegeJudicial education & restructuring of Justice College Legal Services CharterLegal Services Charter Bills of the judiciaryBills of the judiciary Judicial capacityJudicial capacity Judicial education & restructuring of Justice CollegeJudicial education & restructuring of Justice College Legal Services CharterLegal Services Charter

22. 22 Bills on the judiciary Apart from the Const 14 th Amendment and Superior Courts Bill before Parliament the Dept has finalised 3 Bills on Complaints handlingApart from the Const 14 th Amendment and Superior Courts Bill before Parliament the Dept has finalised 3 Bills on Complaints handling Discussion with the judiciary on the latter Bills on-going and the Bills will be submitted to Cabinet in March 06Discussion with the judiciary on the latter Bills on-going and the Bills will be submitted to Cabinet in March 06 Apart from the Const 14 th Amendment and Superior Courts Bill before Parliament the Dept has finalised 3 Bills on Complaints handlingApart from the Const 14 th Amendment and Superior Courts Bill before Parliament the Dept has finalised 3 Bills on Complaints handling Discussion with the judiciary on the latter Bills on-going and the Bills will be submitted to Cabinet in March 06Discussion with the judiciary on the latter Bills on-going and the Bills will be submitted to Cabinet in March 06

23. 23 Judicial education & Justice college A policy decision taken to separate judicial education which is the preserve of the judiciary & training of staff in the justice family which is will be done by Justice CollegeA policy decision taken to separate judicial education which is the preserve of the judiciary & training of staff in the justice family which is will be done by Justice College Budget provided in the 2006/7 for both judicial education & restructuring of Justice CollegeBudget provided in the 2006/7 for both judicial education & restructuring of Justice College A policy decision taken to separate judicial education which is the preserve of the judiciary & training of staff in the justice family which is will be done by Justice CollegeA policy decision taken to separate judicial education which is the preserve of the judiciary & training of staff in the justice family which is will be done by Justice College Budget provided in the 2006/7 for both judicial education & restructuring of Justice CollegeBudget provided in the 2006/7 for both judicial education & restructuring of Justice College

24. 24 Legal Services Charter Consultative processes & Reference Group established and produced a frameworkConsultative processes & Reference Group established and produced a framework Framework & Draft Charter developed Framework & Draft Charter developed Final Draft envisaged to be completed by August 2006Final Draft envisaged to be completed by August 2006 Consultative processes & Reference Group established and produced a frameworkConsultative processes & Reference Group established and produced a framework Framework & Draft Charter developed Framework & Draft Charter developed Final Draft envisaged to be completed by August 2006Final Draft envisaged to be completed by August 2006

25. 25 Key Challenges for 2006  Hamornise salaries (parity) for legal professionals by July 06  Improve performance management  Review capacity requirements, staffing norms & reduction of temporary by May 06  Reduce outstanding case rolls:  Hamornise salaries (parity) for legal professionals by July 06  Improve performance management  Review capacity requirements, staffing norms & reduction of temporary by May 06  Reduce outstanding case rolls:

26. 26  District court 157 932 (compared with 132 779 in 05  Regional court 47 112 (compared to 45 556 in 05)  Intensify the efforts to reduce the number of children awaiting trial (November stats shows a was a decrease from 2200 to 1109)  Fast track the transformation of the judicial system (single judiciary, restructuring of magistrate courts, and Justice College, finalisation of complaint handling mechanism)  Finalisation of substitution Bills & crucial legislation  District court 157 932 (compared with 132 779 in 05  Regional court 47 112 (compared to 45 556 in 05)  Intensify the efforts to reduce the number of children awaiting trial (November stats shows a was a decrease from 2200 to 1109)  Fast track the transformation of the judicial system (single judiciary, restructuring of magistrate courts, and Justice College, finalisation of complaint handling mechanism)  Finalisation of substitution Bills & crucial legislation

27. 27 THANK YOU !